TERMS OF USE
Your access to and use of the Website or Web App is also subject to H&A’s Privacy Statement, which can be found at www.hoyos.law/privacystatement, and the Disclaimer, which can be found here.
Last updated: May 9, 2024
SECTION 1 - ACCEPTANCE OF THE TERMS AND CONDITIONS
Hoyos & Associates P.C. and its affiliated entities (herein referred to as “H&A,” “we,” “us,” or “our”) provide and make available this website (the “Web Site”) and a web application (the “Web App.” All use of the Web Site and the Web App is subject to the terms and conditions of this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing, or otherwise using the Web Site or Web App, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use the Web Site or the Web App.
You understand and agree that we may change this Agreement without prior notice. You may read a current, compelling copy of this Agreement at any time on the Web Site at www.hoyos.law/terms. The revised terms and conditions will become effective at the time of posting. Any use of the Web Site or Web App after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is unacceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Web Site or Web App.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
SECTION 2 - USE OF THE WEB SITE & WEB APP.
The Web Site and Web App contains material, including but not limited to software, text, graphics, and images (collectively called the “Content”). We may own the Content, or portions of the Content may be made available through arrangements that we have with third parties. United States and foreign intellectual property laws protect the Content. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except for informational and non-commercial use and as outlined in Section 9 (Legal Information) of this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Using or posting any Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and use the Content and Web Site shall automatically terminate, and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of H&A (the “H&A Trademarks”) used and displayed on the Website and Web App are registered, and unregistered trademarks or service marks of H&A. Other company, product, and service names located on the Website and Web App may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with H&A Trademarks, the “Trademarks”). Nothing on the Web Site, Web App, or this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site or Web App without the prior written consent of H&A specific for each such use. The Trademarks may not be used to disparage H&A or the applicable third-party, H&A’s, or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Using any Trademarks as part of a link to or from any website is prohibited without H&A’s prior written consent. All goodwill generated from using any H&A Trademark shall inure to H&A’s benefit.
You agree not to (a) take any action that imposes an unreasonable load on the website’s or Web App’s infrastructure, (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site or Web App, and any activity being conducted on either, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site or Web App, (d) delete or alter any material posted on the Web Site or Web App by H&A or any other person or entity, or (e) frame or link to any of the materials or information available on the Web Site or Web App.
The Web Site and Web App contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Some aspects of the Web Site or Web App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content of the Web Site or Web App may be retransmitted without the express written consent from H&A for every instance.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Web site infringe on your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements of the DMCA (see http://www.loc.gov/copyright for details). Notices and counter-notices concerning the Website or Web App should be sent to H&A at:
By Mail:
Mateo Hoyos
15 MetroTech, 7th Floor
Brooklyn, NY 11201
By Email:
SECTION 3 - DISCLAIMER OF WARRANTIES.
H&A, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “H&A PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE H&A PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. YOU AGREE THAT YOU USE THE WEB APP AND THE CONTENT AT YOUR OWN RISK.
THE H&A PARTIES DO NOT WARRANT THAT THE WEB SITE OR WEB APP WILL OPERATE ERROR‑FREE OR THAT THE WEB SITE, WEB APP, THEIR RESPECTIVE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE, WEB APP, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO H&A PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND WEB APP’S CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY KIND OF WARRANTIES. THE H&A PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
SECTION 4 - LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY H&A PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE H&A PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, WEB APP, THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH H&A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE H&A PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID H&A IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).
SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE CONCERNING YOU, AND THE LIABILITY OF THE H&A PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SECTION 5 - INDEMNIFICATION.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless H&A from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. H&A shall notify you of any such claim, suit, or proceeding. H&A reserves the right to assume exclusive defense and control of any matter subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting H&A’s defense of such matter. You may not settle or compromise any claim against the H&A Parties without H&A’s written consent.
SECTION 6 - TERMINATION OF THE AGREEMENT.
H&A reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site, Web App, or the Content at any time and for any reason without prior notice or liability. H&A reserves the right to change, suspend, or discontinue all or any part of the Web Site, Web App, or the Content at any time without prior notice or liability. Any suspected fraudulent, abusive, or illegal activity that may be grounds for terminating your Website or Web App use may be referred to appropriate law enforcement authorities. H&A may also, at its sole discretion, discontinue or modify the Web Site, Web App, Content, or any part thereof, with or without notice.
Upon any expiration or termination of this Agreement, Sections 2 (Use of the Web Site & Web App), 3 (Disclaimer of Warranties), 4 (Limitation of Liability), 5 (Indemnification), 6 (Termination of the Agreement), 8 (Dispute Resolution by Binding Arbitration), and 10 (Miscellaneous) shall survive in full force and effect according to their terms.
SECTION 7 - U.S. GOVERNMENT RESTRICTED RIGHTS.
The Content is provided with “RESTRICTED RIGHTS.”Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website, Web App, or Content by the Government constitutes acknowledgement of our proprietary rights in the Website, Web App, and Content.
SECTION 8 - DISPUTE RESOLUTION BY BINDING ARBITRATION.
PLEASE READ THIS SECTION 8 CAREFULLY AS IT AFFECTS YOUR RIGHTS.
8.1 - Agreement to Arbitrate.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any disputes or claims that have arisen or may arise between you and H&A, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Web Site, Web App, or any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, by the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and H&A each waive the right to a trial by jury or to participate in a class action. A neutral arbitrator, not a judge or jury, will determine your rights. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
8.2 - Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND H&A AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND H&A AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution. H&A is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing H&A’s chief executive officer, Mateo Hoyos, mateo@hoyos.law. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice was sent to H&A’s chief executive officer, Mateo Hoyos, mateo@hoyos.law (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If H&A and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or H&A may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by H&A or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or H&A is entitled.
8.3 - Arbitration Procedures.
The arbitration will be conducted by a neutral arbitrator according to the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website: http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page: https://www.adr.org/consumer. Suppose there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement. In that case, the applicable terms of this Arbitration Agreement will be controlled unless the arbitrator determines that applying the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including scope, enforceability, and arbitrability. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for minimal reasons.
Unless H&A and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, AAA will make the decision. Suppose your claim is for $10,000 or less. In that case, H&A accepts that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
8.4 - Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not explicitly allocated to either H&A or you under the AAA Rules, H&A. You shall split them equally, provided that you can demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, H&A will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive compared to the costs of litigation, H&A will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The AAA Rules will govern any payment of attorneys’ fees.
8.5 - Confidentiality.
All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.
8.6 - Severability.
Suppose a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 8.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable. In that case, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Arbitration Agreement will be enforceable as so modified. Suppose a court or the arbitrator decides that any provisions of Section 8.2 above, titled “Prohibition of Class and Representative Actions and Non-Individualized Relief,” are invalid or unenforceable. In that case, the entirety of this Arbitration Agreement will be null and void unless such provisions are deemed invalid or unenforceable solely concerning claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
8.7 - Future Changes to Arbitration Agreement.
Notwithstanding any provision in these Terms of Service to the contrary, H&A agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Web Site or Web App, you may reject any such change by sending H&A written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree to arbitrate any dispute between us by the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
SECTION 9 - LEGAL INFORMATION.
All Content is for informational purposes only and may not reflect current legal developments. The Content of the Web Site or Web App may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The Content is not offered as legal or any other advice on any particular matter. Any opinions expressed through the Content of this Site are those of the specific author and may not reflect the views of H&A or any individual lawyer. The transmission and receipt of information contained on the Web Site or Web App, in whole or in part, or communication with H&A via the Internet or e-mail through the Web Site or Web App is not intended to create. It does not constitute a lawyer-client relationship between you and H&A. You should not send us any confidential information in response to the Web Site or Web App. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel. Suppose You have executed a written engagement agreement with H&A. In that case, You should not act or refrain from acting based on any Content included in the Website or Web App without seeking the appropriate legal or professional advice on the particular facts and circumstances at issue. H&A expressly disclaims all liability concerning actions taken or not taken based on any or all the Content of the Web Site or Web App.
SECTION 10 - MISCELLANEOUS.
This Agreement (together with the terms incorporated by reference herein) is governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws provisions. Concerning any disputes or claims not subject to arbitration, as set forth above, you and H&A expressly submit to the personal and exclusive jurisdiction of the state and federal courts in Kings County, New York. Suppose any provision of this Agreement is invalid by any court with competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Web Site, Web App, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You shall comply with all laws, rules, and regulations that are now or hereinafter promulgated by any government authority or agency that governs or applies to the operation and use of the Site. Without limiting the generality of the preceding, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. A printed version of these Terms of Service and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure of H&A to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against H&A unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by H&A and you, this Agreement constitutes the entire Agreement between you and H&A concerning the subject matter. It supersedes all previous or contemporaneous agreements, whether written or oral, between the parties concerning the subject matter. You also may be subject to additional terms and conditions that may apply when you use External Sites, third-party content, or third-party software. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will be for the benefit of our successors, assigns, licensees, and sublicensees. Any information you submit or provide to the Web site or Web App might be publicly accessible. You should protect important and private information. H&A is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
